CORRESPONDENCE
Stonehaven Homeowners AssocIatIon, POBox 3341
Boynton Beach, FlorIda 33424
Mr Mike Rumpf
DIrector of PlannIng and Zomng
100 E Boynton Beach Blvd.
POBox 310
Boynton Beach, Flonda 33425-0310
January 23, 2001
Mr Rumpf,
ThIS letter IS In response to the comments from the 1 st reVIew of the master plan submIttal, file
number MPMD 00-007, submItted by the Stonehaven Homeowners AssocIatIOn.
Public Works - Traffic
Comment # 1
Staff finds no traffic~related JustIficatIOn for the closure of Stonehaven Dnve at any pOInt
between Congress and Knuth. Staff finds lIttle eVIdence of bypass traffic through the Stonehaven
Planned Umt Development and IS of the opInIon that the completIOn of Knuth Road from
W oolbnght to Boynton Beach Boulevard WIll provIde motonsts WIth yet another optIon to aVOId
artenal IntersectIOns. As such, the amount of bypass traffic on Stonehaven will likely decrease In
the future.
Response
After readIng the Interoffice Memorandum from Mr Jeff LIvergood and spendIng tIme WIth hIm
at hIS office, the Stonehaven Board of DIrectors concur WIth hIS JustIficatIon that Stonehaven
Dnve IS a collector roadway The Board does not agree WIth the statement that completIOn of
Knuth Road wtlllessen the traffic on Stonehaven Dnve. We are of the OpInIOn, that SInce people
know they can use Stonehaven Dnve as a bypass road, It WIll contInue to be used as such. ThIS
OpInIOn IS based on the Increased traffic produced by the new Wal-Mart store and the completIOn
of the BJ's store and assocIated bUSInesses. We feel that people WIll use the Stonehaven Dnve
road as a bypass to aVOId the extra traffic on Boynton Beach Blvd. and thus we may expenence
an Increase In traffic
Stonehaven Homeowners AssocIatIon, POBox 3341
Boynton Beach, FlorIda 33424
Comment #2
AddItionally staff finds that local residents wIthm the Stonheaven Planned Umt Development
would be most Impacted by any road closure on Stonehaven north of the canal. Therefore, m
order to further consIder closure, It IS ImperatIve that strong consensus from reSIdents m both the
smgle and multI-family developments IS garnered.
Response
The ongmal submIttal mcluded a petItIOn SIgned by the reSIdents of Stone haven HOA wInch we
feel is self-supportmg of the consensus of the residents m the smgle family dwelhngs. The Board
has prepared a notIce of the mtent by the HOA to close off Stonehaven. ThIs notIce was
presented to the multI-famIly complex manager The Board asked permISSIOn to dIstribute tIns
notIce personally or to have the manager dIstribute the notIce for us. The HOA Board of
DIrectors IS more than wIlhng to meet with a representatIve from the apartment complex and
have stated such m the notIce
On February 19, 2001, the HOA Board of DIrectors meet WIth Susan Wolfe of EqUIty Resources
Management; the managmg company of the apartment complex. Ms. Wolfe related to the Board
of DIrectors that the dIstributIon of the flyer was not reqUIred as the management company
speaks for theIr tenents. She further stated the management IS m favor of the road closure Ms.
Wolfe also expressed concern about the volume of current traffic and possible mcreased traffic
through the complex.
Comment #3
In addItIon to vehIcular traffic Issues, the proposed road closure of Stonehaven would ehmmate
pedestnan and bIcycle traffic as well. Should the CIty favorably consIder a road closure fore
reasons unrelated to traffic control, Pubhc Works staff suggests that pedestnan access be
mamtamed and the SIdewalk remam open.
Response
The HOA Board of Directors had conducted a survey ofpedestnan and bIcycle traffic on January
25,2001 from the hours of7 00 AM to 5.30PM. The survey counted. 1) persons walkmg from
the apartment complex to Knuth Road, 2) persons walkmg from the HOA to the apartment
3
Stonehaven Homeowners ASSOCIatIon, POBox 3341
Boynton Beach, FlorIda 33424
complex, 3) persons ndmg bIcycles m both directIOns, and 4) children who used the sIdewalk for
access to and from school. The results are as follows.
Persons walkmg from the apartment complex to Knuth Road - 6
Persons walkmg from the HOA to the apartment complex - 9 (6 of these persons
were the people walkmg from the apartments toward Knuth Road)
Persons ndmg bIcycles m both dIrectIOns - 3
ChIldren who used the sIdewalk for access to and from school - 2
The numbers mdIcate a very low pedestnan and bIcycle traffic usage and as such the closure of
Stonehaven would not create an undue affect on thIS type oftraffic Further, we reIterate, that the
mtent of the master plan submIttal IS to proceed toward pnvatlzatIOn of the smgle family area.
Keepmg the sidewalk open defeats the purpose of pnvatIzatIOn.
Comment #4
Staff also notes that we have not assessed the abilIty of both the PolIce and Fire departments to
respond to emergency SItuatIons wIthm the development should Stonehaven be closed. ThIS
analYSIS IS more appropnately conducted by those agenCIes. Furthermore, there IS a storm
dramage catch basm located dIrectly beneath the proposed fence on the west side of Stonehaven.
The UtilItIes Department IS most qualIfied to comment on thIS matter
Response
The Board of Directors has talk WIth two Boynton Beach PolIce officers to glean theIr response
to the road closure. Both officers stated that WIth the completIOn of Knuth Road, the response
would not be affected. They both stated the normal response IS VIa Knuth Road, not through the
apartment complex to reach the smgle famIly reSIdentIal area.
The responses regardmg the Fire and UtIlItIes departments are under the appropnate heading for
each department.
Utilities Department
Comment 7
PermIt applicatIOn needs to be processed through the Utility Department to Insure that no water
and sewer system components will be affected.
4
Stonehaven Homeowners AssocIatIon, POBox 3341
Boynton Beach, FlorIda 33424
Response
I had a telephone conversatIOn WIth Mr DavId Kelley and mqUIred as to what permIt would be
required. He stated to me the main concern was access for emergency repaIrs and mamtenance.
The HOA Board of DIrectors WIll provIde access to the City for emergency repaIrS and
mamtenance If the proposed gates are allowed to be mstalled, a key for the gates WIll always be
readIly available by a DIrector It should be further noted, the Board of DIrectors wIll employ a
company to locate and mark water and sewer mams pnor to the start of constructIon.
Fire Department
Comment 8
The FIre Rescue Department approval of thIS proJect WIll not be consIdered untIl Knuth Road IS
complete and access from the south IS acceptable
Response
ThIS comment IS the ongmal response when applIcatIOn 003475 was filed WIth the CIty The
Board of DIrectors acknowledge thIS comment and agree WIth It m ItS entIrety The Board has
purchased a Knox lock for the gates, as thIS type of access was conveyed to the Board of
DIrectors and found acceptable by the FIre Department.
Comment 9
ThIS proJect IS not ready for plan reVIew or TRC WIthout a letter of intent from applIcant to not
mstall gate untIl Knuth Road IS complete and open to the publIc
Response
Mr Bob Borden was contacted by telephone and was asked If the letter of mtent was really
necessary, smce comment #1 would prohibIt any reVIew and approval by the Fire Department
pnor to the completIOn of Knuth Road. It should be noted that Knuth Road, as of thIS date, IS
more than 90% complete and appears to be completed pnor to approval of the master plan
reVISIOn. Thus, the Board of DIrectors feels that tills further negates the need for a letter of
mtent.
5
Stonehaven Homeowners AssocIatIon, POBox 3341
Boynton Beach, FlorIda 33424
Engineering Department
Comment 10
Locate the" No Outlet" SIgn for northbound traffic on the ease (east) SIde of the road and at the
entrance to the subdlvlsIOn at Congress Avenue
Response
The locatIOn ofthe " No Outlet" sIgn shown on the drawmgs for the northbound traffic, was at
the dIrectIOn of CIty Engmeer Ken Hall dunng the reVIew of applicatIOn 003475 If the sIgn
locatIOn mdIcated by Mr Hallls the same slgn reqUlred to be located at the entrance off of
Congress A venue, the SIgn shall be placed at the deslgnated sIte. The Board asks for a response
from the Engmeenng Department for better clanty If thIS IS another sIgn to be mstalled or
relocatIOn of a Sign mdlcated on the drawmgs.
Comment 11
We recommend that notIficatIOn SIgns for both north and south bound traffic that the road will be
permanently closed off m two weeks and mclude the date of closure.
Response
The Board of Duectors concurs WIth thIS recommendatIOn and WIll prepare and mstall the SIgnS
when notIfied the applIcatIOn has been approved and a start of constructIOn date IS receIved from
the company performmg the mstallatIOn.
Comment 12
ConSIder a tow-away sIgn(s) on the south SIde of the cham lInk fence gates to dIscourage car and
truck parkmg wIthm the canal nght-of-way
6
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t..J....."-'I..I'-"I.J.""" ~ .......1.1. . .'-./'1..."",,,, yt' ...'\w'-"-....., .J.. .......,IoJ"-''-'I.''-4-".'\JJ.I.,. '--' .L...II""-''{~ --'-' I.J..
R . ~ "1~'" ............... ,,""""'...
,0" nTOn KC"::trh t-' IOr1r1::t i i4 /4
--.1.......--...- -----..., --- --....----- -- -- .
Response
The Board of DIrectors consulted our legal counsel and was mformed that the HOA had no legal
nght to post the requested sIgns on the Lake Worth Drainage DIStnct property Legal counsel
further advised the Board that If the SIgns were posted, the HOA would then be lIable for any
damage to vehIcles that mIght be towed. Smce thIS IS not our property, the Board does not
concur WIth thIS comment and wIll not mstall the SIgns.
Building Department
Comment 13
On the drawmg tItled SIte plan, Identify and label the symbol that represents the property lme.
Response
The property lIne IS IdentIfied on the drawmgs submItted for the master plan reVlSlon. The
property WIll be more clearly defined on thses draWIngs.
Comment 14
As reqUIred by Chapter 4, SectIOn 7 of the land Development RegulatIons, submIt a current
survey of the subJect property
Response
A telephone call was placed to the Planmng and Zomng Department and we were mformed by
Mr Rumpf that smce thIS IS a mmor reVIsIOn, a survey of the current property was not reqUIred.
Comment 15
Add to the SIte plan draWIng all eXlsltmg easements that are shown on the survey Also, add all
proposed easements. The 10ccatlOn, type and SIze of the esasement( s) shall be shown and
IdneItIfied on the SIte plan. Where applIcable, amend the plans so that structures do not encroach
mto an easement.
7
~tn.nohrnTon Un.Y\'lOn.nln01"C' ^ C'C'n.i't..yhn.n D () On.v '1'1A 1
'--' LVll~llU" ~11 1. IVlll~V "" ll~l.~ 1 1.~0V~lULIVll, 1. '\J 1JVA -1_',1.
Krnrntt\n Kp~{'h I-< j{'\nrb ~ ~4.;4.
.&-1'-'.,;.........'-'....... ~""'.............a...., ... ...'-'..L....""'"~ ~-./ .~ .
Response
Smce Comment 14 does not reqUIre a survey, thIS comment IS consIdered not to be applIcable.
Comment 16
At the tIme of permIt reVIew submIt sIgned and sealed workmg drawmgs of the proposed
constructIon.
Response
The reqUIred draWIngs have been submItted WIth permIt #003475
Comment 17
Add to the submIttal a partIal elevatIOn vIew draWIng of the proposed penmIter fence. IdentIfy
the type of fence matenal and the type of matenal that supports the fence, mcludmg the typIcal
distance between supports. Also proVIde a typical sectIon vIew draWIng of the fence that
mcludes the depth that the fence supports are below fimsh grade and the heIght that the fence IS
above fimsh grade The locatIOn and heIght of the fence shall comply WIth the fence regulatIons
specIfied m the Zoning Code.
Response
Drawmgs submItted for the permIt WIll be proVIded that prOVIde the mformatIOn and elevatIOns
requested.
Comment 18
At tIme of permIt reVIew, submIt for reVIew an addressmg plan for the proJect.
Response
The address for thts proJect IS the address assIgned by the CIty The address IS 1699 Stonehaven
Dnve. It should be noted thIS IS not a maIlmg address.
8
Stonehaven Homeowners AssocIation, POBox 3341
Boynton Beach, FlorIda 33424
Comment 19
Add to plan VIew draWlngs of the sIte a labeled symbol the represents the locatIon and penmIter
limits of constructIon proposed Wlth the subJect request.
Response
The drawmgs submItted for the master plan reVlSlon mdICate the area of the proposed work and
are hIghlighted by "clouds."
The Board of Duectors feel the responses prOVIded, adequately address the comments proposed
and reflect the work to be performed. If any addItIonal mformatIOn IS reqUIred, please notIfy our
contact agent and we Wlll gladly proVIde any addItIOnal mformatIOn.
Respectfully, ~
~~
Vice-PresIdent Stonehaven HOA
Copy'
Stonehaven HOA file
TRANSMITTAL
CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
FAX. (561) 742-6259
PLANNING AND ZONING DIVISION
to Gerald Van-Gelder
fax#. 561-243-7408
date 01/11/01
from. Hanna Matras
re Master Plan ModIficatIOn 1 st RevIew Comments
Please find attached the first review comments for your project. To stay on the current
review schedule, please do the following steps listed below, and bring all documents to the
TRC scheduled for 02/06/01
1 RevIse your plans mcorporatmg all comments lIsted herem, mcludmg the addItIon of
notes on plans to confirm response to general statements/ comments, and bnng 10 copIes
to the TRC revIew meetmg (full sets mcludmg all pages ongmally submItted),
2 SubmIt the addItIonal mformatIOn as requested wlthm the attached comments, ( I.e. traffic
analYSIS, engmeenng certIficatIon, etc )
3 Prepare a wntten response (7 copIes) conslstmg of a lIst bnefly summanzmg how each
comment has been addressed on the revIsed plans or WIth the supplemental mformatIon
mcludmg locatIOn on the plans ( thIS promotes an expedItIous 2nd reVIew by staff and
your proJect representatIves dunng the TRC meetmg ),and
4
SubmIt reductIOns (8 Y2 X 11) for the proposed
SIte plans, elevatIOns and landscapmg plan (thIS
IS reqUIred for the final report and publIc
presentatIOn)
Planning and Zoning Division
City of Boynton Beach
Boynton Beach, Florida 33425
742-6260
Fax: 742-6259
1,
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DEPARTMENT OF DEVELOPMENT
Planning and Zoning Division
- Building . Planning & Zoning - Occupational Ucenses . Community Redevelopment
February 16, 2001
Mr Robert A. Levy
Oriole Homes
1690 South Congress Avenue
Suite 200
Delray Beach, Florida 33445
Dear Mr Levy'
Subject:
BJ's Wholesale Club
Stonehaven Homeowners Association Agreement-
Required improvements
In response to your request regarding the above-referenced required improvements,
please be informed that in accordance with Chapter 2 of the Land Development
Regulations, Sections 4.J 1 and 4.J.2, walls and/or fences may only be topped by
barbed wire if located within the M-1 zoning district.
I trust this represents an adequate response to your request. Please contact me if
additional information is needed
Very truly yours,
7'G~<-
Michael W Rumpf
Planning and Development Director
MWR.arw
CC Deanne Ross
City of Boynton Beach - 100 East Boynton Beach Blvd., po. Box 310 - Boynton Beach, Florida 33425-0310
Phone: (561) 742-6350 - www.ci.boynton-beach.f1.us
Feb 16 01 10 1e~
Robert Lev;!
561-27-9-0272
P 1
Robert A. Levy
Fax
Fu:
Fto_ Robert levy I Deanna Ross
Pa..-: 9 (~.,cluding cover sheet)
Date: February 15, 2001
r,4;,/ ~ eI;
,
TOI Mike Rumpf
Phatte
~l BJ's site' Boynton Beach CC:
u.,...
For Review
PIe... Comment
PIe... Reply
Per our discussion, I am fOf'll'l8rding the Stonehaven HomeolM"lers Agreement.
Please Note. I "Boynton Beach Boulevard peo" on the 211C page
Thank you
~~~
~ 1qgi
S'bv/ ?n~
~I/ VJY1 \Y'
Q~
r
1690 South Congress Ave. Suite 200 Del1'8Y Beach, A. 33445
5e1.274-2000 Ext. 3451339 Fax 561.274-0272
Feb 16 01 10 18a
Robert Lev~
561-2"24-0272
36/01/00
~1'''' . ..... _.
14 53
..
SCH<<CE
&. Li=lRCHE
:> A .. 561 274 13272
NO. 2n5
SCHROEDER AND LARCHE. P.A.
AT'l'ORNEYS AT LAW
ONE BOCA PLACE, SUITE 319 - ATRIUM
2255 GLADES ~OAD
80CA RATON, FLORIDA 33431-7383
TELECOP!ER (561) 241-0798
BOCA RATON (S~l) 241-0300
8ILLING NO
TELECOPY NO
TELECOPIER TRANSMITTAL SHEgT
0010-027
(561) 274-0272
Mr Robert Levy
Michael A Schroeder EeQ
Sale and purchaae of 14 76 Acre Parcel in Boynton
Beach. Florida
TO
FROM
RE
UA'tE
June 1, 2000
SPECIAL INSTRUCTIONS
Copy of Agreement attached among Stonehaven Homeowners Association,
tnc , B~l: R winchester and Michael A schroeder, Trustee
TOTAL NUMBER OF PAGES INCLUDINC THIS PAGE q
ORIGINAL TO FOLLOW NO
rnNFlnEHl'IALIU NQri
TKE INFO~TI01f CONTAINED IN TRIS FAA TAANSM!SSION IS LiCAl.!.Y PIUVILEGED l'!iO
CQNFItli:N'l'IM. IlfroRMA.TION IN'l'ENOEO ONLY FOIt THE USE 0' THE INDIVIDUAL OR ENTITY NA.l4ED
NloVli: r po THIi READER OF' THIS TRi\NSMISSfON IS NOT '!'HE I:.-r~ UCIPtEN'l' YOU ARB HERPY
NOTIPIED TAAT ANY DISGSMINATtO!l ClS'l'RI8(1I'ION OR COE'n:NG 0;' TZUS TRANSMISSION 1$
STRICTLY PltOIiIBIT!I> IF YOtI HAVi RECEIVED THIS 'l'IWfSMISSIO%ol IN ERROR PLEASE.
IMMDDIATBLY NOTIFY US BY' COLLECl' TELEPHONe CA1.L AND IU~Tt,'RN .HS' muc.a.wAL TRIINSMISSION
TO \IS AT '!'lIE ADtRBSS ABOVi VIA ~ SMAIL TW\.'1K YOl}
IF ~OU DO MOT RECEIvt A~L OF T~ PAGES PLEASE CALL (561) 241 J300
AS soo.~ }IS POSSIBLE
OUR TEticOPIER NUMBER IS 15'1) 2.1-0798
P 2
17c31
~
1
~
~
Feb 16 01 10 19a
Robert Lev~ 561-27~-0272 P 3
SCHRCE, 8. U=PCHE P A. ~ 5&1 274 02'72 NJ 035 002
~/!1IVOO 14 53
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AGRDMZNT
This Agra.aent entered into th1Q la~ clay of ~une, U90, by
and between HOIIBBAVIIf BOJIIOlGIIRS AS~OB, XHC. , a Florida
corporation ("b.oc1at1onlll) an4 IXliL ll. wmams~ (ItWincbeater.)
,
and IIICIIABL A. SCImOZDD, ftIDS'RB Clllsohroe4erO).
WIIBREAS, there are currently pend.i.n9 l:l.~o~. the ci tl" of
Boynt.on aeach, 1'101'14&, applications far Annexation, ru~ura LaM
Use Eluent AIlencJaent, .ezoning and coapzoebenaive Plan 'reft
bencl1Ml\t. tor pJ:aj 8c;t.S known a. dBoyat.on ..aeb BOUlcwarei PCI)" ancl
"Knuth Road PCDM an" an application tOE' Future 1.and Use Element
,...1'tdaant frea "Low Densit.y tteeldent1al" to "Redium Density
Re8icl.n~ial" and 1"8..on1n; frolll pUt) with a Land U.. Intensity of
tour (4) to PUD with. Lanr:l Use Intensity ot flve (5) to allow
tor the cOlUltruction ot ua 1Iultl-f'a.l1y ""e111"9 un!" and a
churcb vitl'l respect to tbe project known .a "Tara OaJcs PtJD" J an4
WHIUA8. 8ohroeder 1_ tho Applioan~ with respect. ti) the
epplica~1on, known as I.Boynton ..ach Bouleva1:'cl PCO" penc;U.nq
before t:he cl~y of Boynton BeaCh, Florida and 18 the Contract
P\lrobuer of the property which 1. the BuI:>>ject of the Boynton
BeaCh aoulevud applicationl and
WHEREAS, winc:huter 1. the Applieut vim r..pect to the
applic:e~lon known ae "10\~ RoDeS pu~' pend1n9 HtOl'e the c:i~y of
Boynton BeaCh, Flo&,icla and as a q8.&,.1 partner of the
Partnership which owns the property which ia the auhject ot the
lCnuth Road PlID appUeation can bind the owner of .-..0; 4n4
'oj'
WHJ:RBAS, wincheater is the Applicant with respect to 1:.he
app11c.~ion known a8 "Tera OIlU PUD" pencUng before the city of
Boynton Beach, Florida and i. the contract Purchaser of the
~:perty which i. the 8,m~ect ~;, e: _ Tara oaks PUD appl1c:atlonJ
WH!REASI A..oelation repr..ents the property owners with.1n
the re.iClent.ial 4evelopIl81\t. known as "stonehaven PUDII lyinq
within the city of 8oyntonhacb, Florida'; ana
WHEREAS, Msoc1atlon ia 8nt8r1n9 into this A9reaent After
having a meabership .eetlnv at which a quor:u was present .neS
havil\9 received the approval of a substantial a.jority of 1ts
ma1lbars as .v1~.ftcecl })y . 8191\&4 petl~1on: anCl
WHEREAS, As.oelation and ita m..berG have bad the
opportunity to review the varioua applications and to aake such
in~1r1.8 with reapect to saae as they 4...84 appropriate
inclwUn; meeting with representatives of the applicants; and
WHEREAS, AseoCli.at1on 18 opposed to the clevelopll8nt of t,ba
property which i. the s\lbj act of t.he "Boynton .sacn 8a\ll8VarcS
PCJ)" a. hi9h 4IlJUll~:r res1ol""~1~';~f ~1_t of ~
.w,
I
,
Feb 16 01 10 lSa
Robert Lev~ 561-2~-0272 p 4
SCHRG ~ & LARC~ p;:::: ~ 561 274 e272 NO i1l35 003
e6/21/29 14 53
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property Which i. the subject of the 'IKnU1:h RoaeS PCD" property as
.oderate density rasidentlal as ea~templ'ted ~ the current
co.prehen5Lve Plan: .1\4
WHEREAS, Association wiebe. to .vidence its support for the
approval of the application with re.pect to "soyn1:On Beacb
8oulavaZ'd !'CDII, "lCnut;h Road PCDII, and "Tara oan PUD" provlcled
~ App11cant. with r..pect. to each ot .... 8.91'." to a.sure eIle
Association that such Applicant will, Subject t.o \;be tens and
cOI\cUt.iona ..t torth below, causa certaln impE'cw8llenta (de.cribecl
below) to be 1Ia4e on the real property Which 18 the subject of
SUCh app11catlon and. on the rul property of th. Al5Isoeiation
adjacent. t.hereto; and
WHEREAS, Wlnch..ter and SOh~oe4.r wish to assure the
Association that they, napeotively, will, subject. t.o the terJIS
and cond1tlona aet torth ~OW, cause such aproveaents to ))e
_ct. .
NOW, 'l'HERE'OU, in cons14eratlon ot 1me autllal covenant-
harain eet forth, the parties a;r.. a. tollo"..
/ I. -BoYnton ~"ch Boull1V1i.m Pm-.
t A. schroeder IICJrees that, pJ:ov14ed the Z'eq\l1aite
/ 'fiDal VOV'"'l\1I8ftt opprova1s for ~ 80yootoA ...C>h 80\11""""" PCll
application are obtaine4, he, as the developel'/owner thereot,
\ Shall make, or cause to be ..de, the follow1n9 iaprov...nts and
\\ other U'ran9..encs in conneation with the development of the
PJ:operty Which b the subject ot the Boynwn aeach Bo\11evar4 KD
) appl ieat.ion I
I
(
\
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I eUbject to City ot
i
,
\
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(1) The installation ot . aJ.niaua towenty-t.1vo
( 25) foot vida lanc1scape wffer between tile proj.ct. and
stonllhaven WD alonq the en't1ro.lentth of tlle adjacent property
1 ines. !tuUer &hall lnolucle ;~1.~I:'!'
1!"~ \, .~
(.) POUI' (l~ foOt M.. ban:
())) Six (6) fOot tLi9h IMBOnry wall lo~ted
~n the cente~ of the butter;
Cc) Bar1)e4 wire bard,v on top of t.he "all
Boynton aeaGh appz-oval,
,
(el) LanGscaping Which co_1at. ot .. 1I1n1._
ot two (2) rows of abad. ~r.e. twelve (12) to tOUl't..n (14) teet
in height at ti.. of planting, located on thirty (30) foot
centers. One rov ahall be plaoecl on eaClh &1cle of ~G wall ifre9
location shall be ata9gerec1 to provide the etfect of titt.8en (15)
feat. on cantor ..paration. I
\'q .
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SCHPU & LARCHE
P A .. 561 274 02'72
ND 035
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F eb 16 01 10 20a
Robert Lev~
561-2'24-0272
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Ce) Constru~1DII of wall an4 >>ena shall
occur simultaneously with s1to prepa'ration and prior to the
co1lllD8l1ceaent Of oonstruction of Iny builcUnqa.
(2) Maintenance ot the wall. berm, and
landscapinq on !x)tft sides of the vall shall 1"8..1n the 0):>>119"_t10n
of the developer/owner.
(3) All AU8t~.li.n P1nes wit.hin f1~Y (50) te.~
ot ~v St.onehaven PTJD propert1 11na &101'9 Banyan creek circle
Korth and within dle Boutharnaost. ten (10) acres of 'the loynton
a.acb Boulevard ,ce shall be rnove<< J)y 'the d.ev.loper/own.~ upon
initial approval of the applicat.ion by the City commissioners ot
BOynton Beach, Florida.
(4) Entry into and ..int.nee. 1n effect of a
contract to prov ide cOI\tinuous roc1ent ancI p.st. control, such
con~.c;:t to be entered into pd.or to cOIm\8ftCeaent of closba;/.ite
work 'to COVE aU of the pxooperty Which 1_ the sUbject ot the
Boyn~DD Beach BOUlevard Pel) application.
(5) Building heights will b.'llmi~ed to one story
(uxia.... 25 t.et) tor anchor store only, bal4JICe ot shopping
eent.sr ~o be uxlaua ot twenty-two (22) f..t high.
(6) All liqbtin; ,.ball b. of lOW intensity anel
shall be shielded and directed away tr~ .urr0UD4in9 properties
an4 rights-Of-way.
(7) The architeotural treat.eM at. the rear of
the shgpp1nq c;1Unter 1. ~o .at.c:b ~ front ot the 8hoppif\9 een~er.
(8) Screen.inq and noi.. .1t1qat1on is to be
prov14e4 for all e~erior me~han1cal equipment and to be 10eate4
at qZ'ouncJ level it approved by the city cOllld..ion, City of
Boynton leach, Plorida.
a. In aonalderation of t.h.. fOE.going proll1a.. , the
Association endor..s the "Boynton Beach Bouleva~d PeDn
application and requeat. tbat. the ..abera o! the City planning
and loning Boa~ and City CODaisslon approve 1~.
II. "Knllt:h .ftIII4 pen".
A. Winchester aqree8 t.batl p'rovldecl the requis1te
fl~l 90vernment approva18 fo~ the Kftuth Road peD app1icat1on are
obtained, be, .a the developer/owner tb8l'8of, ahall ..ke, 01'
c:aua8 to b. .ade, the follow1nq impl"OV..en'ts and other
arriU'lge.vnts in coM_otion wi tb 'the a.velopaen~ ot tbe property
whlch is the subject of the Knuth Road PCD application:
(1) A six (I) Job~ ...orl\y wall shall be built
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06/01'00 14 ~3
Robert Lev~ 5S1-2~4-0272 p S
SCHRO ! a LHRCHE, P A .. 561 2"4 0272 NO 035 ~05
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adjacent to the ..st right-ot-way 11M of 1(ftuth Rae! troa
S~on.hav.n PUD'a north propert.y 11ne (ae!jacent to office
building) south alonq the north ~~bt-ot-way line of the LWDD L-
25. "l"he Association agree. to 88B1et t.be 4evaloper in obtainl~
4lpproval to include this wall section in the development plans
ro~ Rnuth Road PUD 8\1l)j ect to appropriat.e i1lpact ree ere41 ts.
However, it impact tee o~lt can not be obtained, the
developer/own.. ahall const.ruct this wall frail hU tu:nc!s. Whe1:e
said walls .eet at xnuth aca4 and stonebaven Drive the pl.~eaent
ot said walls shall be done in Bannar reasonably .~1table to the
Association. It ie the intention ot the Aasociation that these
wall. conform w1th the ex1atln; layout. of the present entrance
into stonehaven PUD and to accoaoclat.e location ot 9Uard gatea.
[s.. II.A.(4J (0) below.]
(2) The Jtnu~h aoacS 'CD pr:opez:ty owner shall ~
require4 to provide maintenancel tor .aiel walla tor five (5)
years (. l
(3) Construotion of the wall ahall occur
siaultaneously with site preparatIon and prior to the
C:OIIIl8ncement of con.truct1on of~any bulldlnga.
(">> The owner Of t:he Knuth Road. PCb property will
pareicipate a8 tollow8 1n providing a441tIonal .e~~1ty o~
stonahaven PUD: 1\' ~
<a, Assist 1n preparing appllcation8 and
5ee~inq approval for the abandonment by the C.l.ty of Boynton
Beach, Florida, ot Stonehaven Drive from Itnut.b ROa4 to LWDD 1,.25
to secure 1:he .afety, well be1n9 ancl proptU'ty values of the
reeidents of stonehaven PUI). These applIc:at.1ons will CODenee
upon approval of this project by the city co.-i..lon of Boyn~on
Beach, Florida.
(b) conetncticm ot the tollowing aasonry
wall segments which sball oc~r a1wultane0\l81y with alt.
preparation and pJ:'1or to the e~oeaent of oonet:uct1on ot any
buildin;s and (whiCh will not; be' .~.\lbj.ct t.o any illlpact fees
crediu) :
1. A section of . a1x (6) toot h19h
lla80nry wall ident.ical t.o wall in :n:-A-(l) f1f'ty (50) fee~ 1n
lenqth extending f~ the eaat right-ot--ay of Knuth Road
adjacent to ~. .xi.tin; office build.1nq parting area alonq the
north property line of Stonehaven PUD.
2. construction of a a1x (6) toot
18&5onry vall identical ~o vall 1ft l%-A-(l) alon9 t:h. north riCJht-
or-way line of E.WgD 1,-25 f.r:oJl a point parallel with the east
property liR8 of nT~a oake PUD" ...~.r~y to the west right-of-
way 11ne of ston.baven Drive. . S.idt; wall .action shall CODenee
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Robert Lev~ 5S1-2~4-02?2 p 7
SCHRCI' "? & LARC~, P R ~ 5&l 274 0272 NC 035 00&
Feb 16 01 10 23a
06/0:"'00 14 53
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Irom the t.-a1nation point of tho v&11 ..otion ~.for.,.ce4 in
Sect.ion III below and will be ~. oI>>l1qation ot -Tara Oats PODP.
3. conetnc:tion of an 1dentic&1 wall
ext.ended fro. ~. east r1ght-ot-vay ot stonehaven Drive along the
north r19ht-of-way line of ~V ~25. This wall shall be of an
approPl'iate length, not t.o exceed fift.y (50) teet, in order t.o
create a suitable accented entry.
4. ProvicSe lln48caplng t.o the extant
possible adjaoen" to ~8 wall 180t101\5 .~j8Ct, to .. final
ciet;endna'tlon of land are. available. ~ovlcle ludecaping in the
fon Of twol V8 (12) to fO\lrt.en (14) toot .hade trees on thirty
(30) foot center 1n 'tIlOS. 81'.a. Where ad~acant propeRY is
available within ston.haven PUD and .g~ to provide maintenance
for said walls tor rive (5) .y..r8.
(c) upon a successful coapletion of the
a.bandoruaent of stonehaven Drive, 1:he d.eveloper/owner of the Knuth
Road pen property contribute to the oo.~ ot the con8t~ot!on of
eJUarci 9&te. at the north and south .n~rance& to stonehaven PUD up
to a .ax!aum of Thirty-rive ~hous.nd Dollars ($35,000 00). Ty,p8
and style ot guard qat.. along with the tn-e of electronie
en~ranc. .yste1l8 to be u.ed with these guard gates will be
det.ermined by t11e Aaeociat.1on. Upon OCIJIP1aUon ot COD8-U1ig.Uon
of all walls required to be built purauant to thia Aqre81ll8nt, the
developer/owner of the Knuth Road .CD Pl'operty shall ciepo8it into
ascrew, wit.h an escrow a98nt reasonably acceptable t.o the
parties, the Thirty-Five Tbo~.AJ\CIDo11.r ($35,000.00) IUDOWlt
conteaplat.od by ~iB A9r.ea.n~. The.. fund_ &hall be held in an
int.81"..t bear!.nq accouat. i'W\4s Ihall " cUllbvaecl fl"oa thi.
account, in u amount up to Tblrtr-F1v8 ThouIJaft<! Doll.al's
($3',000.00) I 1n Atiaf.c~1oll ot ~he lO\uth !toad PCO property
owners Obligation to contribute towlr4 quii'd CJate construction
co.~ as .at torth in tl11& p.~alJl'aph. O>>on eompletion of
eOftAtructicm or 418burseaent of Thirty.rive TbO\ls&n4 Dollar8
($35,000.00), in the _wr8qate, the l"_ihincJ t\1nds shall be
released ~o the Knuth Roael PCD ~op.ny owner.
(5) Installation of I traffio light in .coor~a~.
with 90verftllental relpl~...,.t. at the lnt.r-c:i:1oD ot Boynton
Beach Bouleva&'d and. Kn\Jth !load.
8. In coftBide1:'atlon of the tor8CJoinfl proaiee., the
Aaociation encSor_.. the lIlCnuth bad PCDlt application and
req\lB.t. that t.he a.abere of the C1.ty '1&l1n11\9 an4 Zoning Board.
and City COIIJIIi..J.on approve it.
r:n. ~__~ O.k. POD".
A. Winchester agrees that, pl'ov1clad 'the requi8ite
final qoverNl8nt. apprOVal. for thel'tara Oaka PUD application are
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Feb 16 01 10 25a
~/~1 '00 14 53
Robert Lev::;l
SCHRO ' S LJ:fRC,.;E
561-2'Ul.-0272
P 8
p ~ -+ 51:>1 2'74 1:272
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obtainac!. he, aa the c1ovolop.~/cnmer thereot, ahall 1laJte, or
cau.. to be ..eSo, the folloviq iqrov_em:. a.nd other
.n-anljJeII8nta in oonnection vith tbo developllent of the property
which 1. the subject. of the Tara O&b PUD applicat.ion:
(1) Construct1on ot a six (6) toot masonry vall
along the north riqht-of-way line of LWDD L-25 fro. the aast to ..
point pa1:'allel vi'tl\ the east prope1:'ty 11ne of .~ar. Oaks PODlI.
tt i. the intent that. b1. vall section connect with the
stlpulatecS wall ..ction containecl in the conditions of "Knuth
lloa4 Pt1D". Thia vall shall be lan4ecaped in the IIble manner a8
the wall 1n 11 -A- (") - (b) -4 and cleveloper 692:'''. to pl'ovicle
maintenance for 1I&1d wall for f1ve (5) yeaZ's.
(2) Creation of a twenty-t1va (25) too~ wide
landscape butter along t.he ,IloZ'i:h propen)' line acSjacent to the
soU1:.h ri9bt-ot-way line ot the LWDD 1,-25 canal. That butter will
consiat of landscAP.f.nq which COIl8J.8ts ot a llini1DWll of t.wo (2)
J:'OW& of sbAde t&"ee. 'C.velve (12) to fourteen (1.4) feet in heiqht
~t t1118 ot plantift9 located on thirty (30) toot cen1:ere. fie.
location ahall 1:18 8tJUJgere4 to provide the etfect. ot fifteen (15)
feet Oft cent.&" aep.~at1on.
(3) Ifo buildings ahall be 10cate4 cloe.r than
forty (" 0) reet froll ~e north property line ot 'l'1"ara Oaks POD".
'1'bis setbacJc creates a 1l1nbnua separation ot one hundred ..venty-
f!ve (175) teet trom the mest nOZ'therly buildi~q to the clo...t
iftdiv1cSually owned south property line of Stonel\aven POD.
B. Baaed on the toreg'olnq, the A880c.ia.t1on anclors..
the "~ara Oaks PUD" application tnet requ.sts that the aember. of
~. City Planning ancl Zoning Doarclend City CO_i..ion approve
1~
IV Ml.C811aDaqus.
A. Wall. contemplated by this Avre_nt shall be
1DaSODl;t w&11s providad by Anchor .all 5y&t..., or si.l1ar
eonrtnct1on, inclUding pl1aster caps on all columns with ~.
Assoela~iQn approving the color an4 texture on all such walls.
B. winchester and Schroeder a9&"88 to pay reasonable
attor.ley. ' tees incurrecl ):)y the ._oedation tor 1 U law tin to
review this Aqre...nt.
V A~t:. t:.o R.~p Wi'th Land. It i. the int.ention of tbe
partie. that the Obligation to 1Iake tbe ll1PZ'OY...nt. ancS other
arraftCJeaents described in this Aql'8811eDt, with respect to each of
~he :Nal properties which ara t.he B1.Wjeot of the .pplicat.ion.,
shall it the appU,cations are approved, beCOlle covenants runn1nq
with t.he land and sball be binding upon the initial
doveloper/owner of the propen;y and 'e~h p~operly owner
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Robert Lev~ 561-224-0272 p 9
SCHRO' ., 8. LARCHE P A ~ 561 2'74 ;272 NO 035 008
Feb 16 01 10 26a
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there.fter 80 long as that person or entity .holl hitv. an
ownership intel'es~ in the property. .either Winchester nor
Schroeder sball 1:te under any psrsonal obligation to uke, or
caUS8 to b. aacle, the i.proveaent. alKl Qth.r iln-ang...nt.
provided for 1n thla A;r....nt with r..p.ct to the real
properties which are t:he 8ubj ect of the Boynton Beacb BoUl.vard
PCD, the Knuth Road 'PCl) and the 'rara oak. PUl) application. it ~
provisions of this Agr....nt with respect. ~o all ot such
improvements and other arrang..ante are, by the filing of
appropriate lnltrwaente, _cle oovenant. of rec=d runnin9 with
the land and binlS1nq upon ~e person 01: entity hav1nq fee s1.ple
title to auOh real propertl... Th. A..oo1.t~on .ball be .neitled
to apply to a court of coapetent. jU1:1edict.lon anci to obtain
aftinaative injunctive Allee to anfo&;'OG 8peeit1cally the full
and tt.ely pel'tonance of the ob11gat:lona aft forth in this
Agreeaent concerninq the -.king ot suCh iaprov_ents and other
arl'anqellents and to entorce any Iluch covenants ot rscord. AnV
provision hereof to the contrary notw1thetan4inq, neither
Wincbester nor Schroeder ahall ~av. any parsonal or other
obligation to make, or cau.. t.o be ude, the ilaprov_enu OE"
arrangements provided for in ~ilS Agreement .. to any ot the
properties, which are the subject of the referencecJ applications,
unless the applieat.ion p81'taininv ~o the property in question
receives all tinal l'equisl~8 .90Vel'naent approval. and tinal
oritnane.. are ac:lOp~eci G)' ~1M C1Cy ot Boynton 'each with r.spect
to SiIIle. 1 · ....
AS TO BILL R. WINCHESTER
AS '1'0 MICHAEL" samcZDD,
TRVSTBB
(Winch..tel'\ston81.AP\06/19/'O," ",' ',:.It
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Feb 16 01 10 27a
00:'''1 '00 14:53
Robert Lev~
561-27.4-0272
P 10
P.., '561 274 0272
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